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MATTER OF HOWE

15 A.D.2d 396 (1962)

In the Matter of the Probate and Construction of The Will of John B. Howe, Deceased. Martin A. Chase et al., Appellants; Elizabeth R. Grauwiller et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 22, 1962.

Attorney(s) appearing for the Case

Harris, Beach, Keating, Wilcox, Dale & Linowitz (James G. Dale of counsel), for appellants.

Remington, Gifford, Willey & Williams for Robert S. Stevens and others, respondents.

Nixon, Hargrave, Devans & Dey (William B. Lee, Jr., of counsel), for Elizabeth R. Grauwiller, respondent.

BASTOW, J. P., GOLDMAN, HALPERN and McCLUSKY, JJ., concur.

HENRY, J.

In the second paragraph of the will under construction, the testator bequeathed his personal effects, his automobile, $15,000 and 500 shares of the common stock of Eastman Kodak Company to respondent who had been his acting secretary for some years.

On the date of his will (Aug. 23, 1950) the testator owned 12,009 shares of such stock and at the time of his death (April 3, 1960) he owned 29...

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